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Home My WebLink AboutRES-2004-052 Resolution regarding Special Use Permit Class A For Orange County Middle School #3r~~' O ~'h . RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE A SPECIAL USE PERMIT, CLASS A FOR ORANGE COUNTY MIDDLE SCHOOL #3 Date: Applicant/Owner: June 23, 2004 Orange County Schools The Orange County Board of County Commissioners hereby adopts the Recommended County Commissioner Findings concerning compliance with specific and general standards for this special use as detailed in Exhibit A hereto. The Board's findings herein relate to the application submitted by the Orange County Schools for a Special Use Permit, Class A for a Middle School, including, but not limited to, the site plan drawing #C2.0, and landscape plan Ll.l, dated May 7, 2004 and March 31, 2004 respectively, applicable to the following property and subject to the following conditions: Located along the north side of West 10 and being further identified in the Orange County Land Records Office by Parcel Identification Numbers 9844-06-2013, 9844-14-0552, 9844-15-0506, and 9844-04-4953 containing 66.884 acres more or less. The property consists of four tracts of land which are identified by the following legal descriptions (hereafter said tracts are described in combination as "the Property"): TRACT I: PIN #9844-06-2013 TAX MAP 3.44..1 Bounded on the North by Interstate 85/Interstate 40; on the East by property owned now or formerly by Owen L. Allison and Mabel C. Allison; on the South by West Ten Road (S.R. 1144) and on the West by property owned now or formerly by Charles Ronnie and Martha S. Brown, and beginning at an iron stake located by measuring from N.C.G.S. Monument "Marsh" (with coordinates of North 844292.258 and East 1942823.447, NAD '83 C.F. 0.99994966) the following courses and distances:. North 80° 44' 31" West 485.36 feet; North 88° 53' 43" West 701.23 feet; North 89° 16' S6" West 345.00 feet; South 09° 28' 34" East 30.70 feet; North 86° 11' S5" West 332.96 feet; North 09° 29' 07" West 25.72 feet; North 85° 57' 27" West 671.28 feet; North 10° 22' 10" West 1238.18 feet to an iron stake, the beginning point; running thence from said beginning point North 80° 47' 03" East 670.92 feet to an iron stake; n,nning thence North 10° 31' S2" West 820.37 feet to an iron stake on the southern margin of the right of way to Interstate 85/Interstate 40; conning thence with the southern margin of the right of way to Interstate 85/Interstate 40 the following courses and distances: South 55° 00' 48" West 14.51 feet, South 10° 08' 00" West 48.03 feet and North 80° 33' 22" West 690.26 feet to an iron stake, comer with Charles Ronnie and Martha S. Brown; thence with Brown South 10° 08' 20" East to the place and point of beginning and containing 13.403 acres, more or less, according to plat of survey entitled "NEW ORANGE COUNTY MIDDLE SCHOOL, ORANGE COUNTY SCHOOL BOARD" by Riley Surveying, P.A. dated November 21, 2003. TRACT II: PIN #9844-14-0552 TAX MAP 3.44..3B Bounded on the North and East by property owned now or formerly by Owen L. Allison and Mabel C. Allison; on the South by West Ten Road (S.R. 1144) and on the West by property owned now or formerly by Lonnie Bryant Daniel and wife, Karen Baird Daniel, and beginning at an iron stake located by measuring from N.C.G.S. Monument "Marsh" (with coordinates of North 844292.258 and East 1942823.447, NAD '83 C.F. 0.99994966) the following courses and distances: North 80° 44' 31" West 485.36 feet; North 88° 53' 43" West 701.23 feet; North 89° 16' S6" G:\CuaentPlanning\Eddie\IvliddleSchoolWestlO\Special Use Pemut Resolution West 345.00 feet to the beginning point; rLnning thence from the beginning point South 09° 28' 34" East 30.70 feet to an iron stake set in the center of the right of way to West Ten Road; n,nning thence with the center of the right of way to West Ten Road North 86° 11' S5" West 332.96 feet to an iron stake; n,nning thence North 09° 29' 07" West 25.72 feet to an iron stake; thence continuing North 09° 29' 07" West 5.14 feet to an iron stake; thence continuing North 09° 29' 07" West 332.83 feet to an iron stake' n,nn;ng thence North 78° 56' 38" East 324.24 feet to an iron stake; running thence South 09° 28' 34" East 418.40 feet to the place and point of beginning and containing 3.024 acres, more or less, according to plat of survey entitled "NEW ORANGE COUNTY MIDDLE SCHOOL, ORANGE COUNTY SCHOOL BOARD" by Riley Surveying, P.A. dated November 21, 2003. TRACT III: PIN #9844-15-0506 TAX MAP 3.44..3 Bounded on the North by Interstate 85/Interstate 40; on the East by property owned now or formerly by the H.C. Euliss Trust; on the South by property owned now or formerly by Owen L. Allison and Mabel C. Allison and by West Ten Road (S.R. 1144) and on the West by property owned now or formerly by Owen L. Allison and Mabel C. Allison and by Lonnie Bryant Daniel and wife, Kazen Baird Daniel, and beginning at an iron stake located by measuring fromN.C.G.S. Monument "Mazsh" (with coordinates of North 844292.258 and East 1942823.447, NAD '83 C.F. 0.99994966) the following courses and distances: North 80° 44' 31" West 485.36 feet; North 88° 53' 43" West 701.23 feet to the beginning point; n nL n~ng thence from the beginning point and with the northern margin of the right of way to West Ten Road North 89° 16' S6" West 345.00 feet to a point in the eastern line of Tract II above; running thence with Tract II above North 09° 28' 34" West 418.40 feet and South 78° 56' 38" West 324.24 feet to an iron stake in the eastern line of property belonging now or formerly to Daniel; thence with Daniel North 09° 31' S4" West 1053.93 feet to an iron stake, comer with Tract I above; thence with tract I above North 10° 31' S2" West 820.37 feet to an iron stake on the southern margin of the right of way to Interstate 85/Interstate 40; n,nning thence with the southern margin of the right of way to Interstate 85/Interstate 40 the following courses and distances: North 54° 45' 17" East 113.48 feet, South 80° 33' 46" East 425.00 feet, North 12° 11' 31" East 15.29 feet and South 80° 42' 02" East 146.37 feet to an iron stake, corner with Euliss; thence with Euliss South 10° 17' O1" East 2223.57 feet to the place and point of beginning and containing 30.794 acres, more or less, according to plat of survey entitled "NEW ORANGE COUNTY MIDDLE SCHOOL, ORANGE COUNTY SCHOOL BOARD" by Riley Surveying, P.A. dated November 21, 2003. TRACT IV: PIN #9844-04-4953 TAX MAP 3.44..2A Bounded on the East and North by property owned now or formerly by Owen L. Allison and Mabel C. Allison; on the West by property owned now or formerly by Larry Franklin Wiley, Arthur L. and Cherie D. Wiley and Charles Ronnie and Martha S. Brown and on the South by West Ten Road (S.R. 1144) and beginning at an iron stake located by measuring from N.C.G.S. Monument "Marsh" (with coordinates of North 844292.258 and East 1942823.447, NAD '83 C.F. 0.99994966) the following courses and distances: North 80° 44' 31" West 485.36 feet; North 88° 53' 43" West 701.23 feet; North 89° 16' S6" West 345.00 feet; South 09° 28' 34" East 30.70 feet; North 86° 11' S5" West 332.96 feet and North 09° 29' 07" West 25.72 feet to an iron stake, the beginning point; thence from said beginning point with the northern margin of the right-of--way to West Ten Road North 85° 57' 27" West 671.28 feet to an iron stake, corner with property now or formerly owned by Larry Franklin Wiley; thence with Larry Franklin Wiley, Arthur L. and Cherie D. Wiley and Charles Ronnie and Martha S. Brown North 10° 22' 10" West 1238.18 feet to an iron stake, comer with Owen L. Allison and Mabel C. Allison; thence with Allison North 80° 47' 03" East 670.92 feet to an iron stake, another comer with Allison; n,nning thence with Allison South 09° 31' 54" East 1053.93 feet to an iron stake, another comer with Allison; n,nning thence with Allison South 09° 29' 07" East 337.97 feet to the place and point of beginning and containing 19.663 acres, more or less, according to plat of survey entitled "NEW ORANGE COUNTY MIDDLE SCHOOL, ORANGE COUNTY SCHOOL BOARD" by Riley Surveying, P.A. dated November 21, 2003. 1. Sewer and water lines shall be extended at the time of site development. 2. All water and sewer easements shall be recorded prior to issuance of certificate of occupancy. This includes any easements needed to serve the County owned property to the east that may, in the future, serve as a soccer complex (hereafter "County's property to the East"). G:\CuaentPlanning\Eddie\Midd]eSchoolWestlO\Special Use Permit Resolution 3. Fifty feet of additional right-of--way from the center of the existing right-of--way shall be dedicated along the north side of West 10. This additional right-of--way shall extend the entire distance of the Property. The 100 foot buffer shall start at the edge of the right-of--way. 4. Sidewalks on the north side of the proposed additional road right-of--way on West 10 shall be constructed and maintained. A sidewalk shall extend along the drive on the eastern side of the Property to the parking area behind the school. 5. Two access entrances on West 10 shall be permitted. Driveway permits from NCDOT shall be obtained prior to issuance of building permits. In order to take advantage of multiple shared use opportunities and to provide a safe intersection at West Ten Road, a portion of the eastern drive shall be relocated to the County's property to the East and a cross access easement must be provided for County Attorney approval and recorded prior to recordation of the Special Use Permit. 6. All NCDOT construction requirements shall be met. Right -and left turn lanes shall be constructed to NCDOT standards for both driveways as required by NCDOT. 7. The applicant shall deconstruct or move the existing houses and/or accessory structures on the Property. 8. The area to the east of the 60 parking spaces, near the athletic fields is designated as future parking and authorized to be constructed when needed. 9. Lighting and landscaping plans shall be modified and approved prior to issuance of any building permits. Installation in accordance with approved plans shall be complete prior to issuance of certificate of occupancy. 10. The property is located in the EDD and Upper Eno Protected Watershed. The maximum impervious surface ratio permitted without a structural BMP is 12 percent. The site plan contains no BMP and shows an impervious surface ratio of 13 percent. Either the impervious surface ratio must be reduced to 12 percent or less before final staff approval of the site plan, or a structural BMP must be included in the site plan and constructed and operated to ordinance standards. 11. The above-described tracts of the Property shall be recombined into one tract prior to the issuance of the Special Use Permit. 12. Curb and gutter is required for all parking and drive areas. 13. Provide Orange County or a suitable conservation nonprofit organization with a conservation easement to the protected area shown on the revised plan, the terms and conditions of which to be agreed upon by Orange County and the Orange County Board of Education. 14. If any condition of this Special Use Permit shall be held invalid or void, then this Special Use Permit shall be void in it's entirety and of no effect. G:\CurrentPlanning\Eddie\MiddleschoolWestlO\Special Use Pemut Resolution 15. This Special Use Permit shall automatically expire within twelve (12) months of the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of the time limit is approved by the Board of County Commissioners as provided by Section 8.4.11 of the Orange County Zoning Ordinance. This Special Use Permit, Class A shall become effective upon approval. Upon motion of Commissioner ,seconded by Commissioner ~J~6fu~~, the foregoing resolution was adopted this the 23~' day of June, 2004. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on June 23, 2004 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. ,g4- WITNES S myhand and the seal of said. County, this ,~_ day of , 2004. Cler to the Board of Commissioners G:\CurrentPlanning\Eddie\MiddleSchoolWestlO\,Special Use Permit Resolution